Madras High Court
Mr. S. Manikandan vs The Tahsildar on 29 September, 2021
1 W.P.No.15508 of
2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2021
CORAM:
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P. No.15508 of 2021
Mr. S. Manikandan ... Petitioner
-Vs-
1.The Tahsildar,
Purasawalkam Taulk,
Office of the Tahsildar,
Chennai-600 003.
2.Mrs.C. Rajeswari,
3.Mr.Theagarajan,
4.Mr. Dhanasekaran,
5.Mr. Mohanraj ... Respondents
PRAYER: This Petition is filed under Article 226 of the Constitution of
India, praying for to issue Writ of Mandamus directing the 1st respondent to
consider the petitioner's representation dated 22.06.2021 by recording his
objections while issuing patta to the respondents 1 to 5 for an extended area
ie. more than 375 Sq.ft. without conducting any field enquiry in the property
situated at No.19, Venkadathri Street, Kosapet, Purasawalkam Village,
https://www.mhc.tn.gov.in/judis
2 W.P.No.15508 of
2021
comprised in R.S.No.2673, Chennai District and pass appropriate orders
accordingly.
For Petitioner :: Mr. R. Sreedhar
For Respondent-1 :: Mr. Yogesh Kannadasan
(Government Advocate)
For Respondent-3 :: Mr. Sunil Prakash
For Respondents 4 &5 :: No Appearance
*****
ORDER
This Writ Petition has been filed under Article 226 of the
Constitution of India, praying for to issue Writ of Mandamus directing the 1st
respondent to consider the petitioner's representation dated 22.06.2021 by
recording his objections while issuing patta to the respondents 1 to 5 for an
extended area ie. more than 375 Sq.ft. without conducting any field enquiry in
the property situated at No.19, Venkadathri Street, Kosapet, Purasawalkam
Village, comprised in R.S.No.2673, Chennai District and pass appropriate
orders accordingly.
2.Heard the learned counsel for the petitioner and the learned
Government Advocate for the respondents as well as perused the material
available on records.
https://www.mhc.tn.gov.in/judis
3. Having considered the facts and circumstance of the case and
submissions made by the learned counsel on either side, it is seen that if there
is a dispute in the common passage in the aforesaid property in question, the
petitioner along with others as plaintiffs have filed a suit in O.S. No.2209 of
2020 seeking for permanent injunction. Pursuant to the order dated
22.02.2021 in CRP.PD.No.291 of 2021 and CMP Nos.2631 & 2633 of 2021
passed by this Court, the City Civil Court has appointed an Advocate
Commissioner by its order dated 25.03.2020 to measure the property in
question with the help of the surveyor. The subject property was measured in
the presence of the parties concerned and their signatures obtained for having
carried out the said task. Under such circumstances, the petitioner cannot
seek this Court to issue Writ of Mandamus directing the 1st respondent to
consider his representation dated 22.06.2021 since the issue is pending before
the Trial Court. Based on the out come of the Judgment and Decree in the suit
in O.S. No.2209 of 2020, the Tahsildar can pass orders on the representation
dated 22.06.2021 made by the petitioner herein. Hence, the Trial Court is
hereby directed to pass orders in O.S. No.2209 of 2020 as expeditiously as
possible as directed by this Court in CRP. PD.No.291 of 2021 to end the
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dispute in common passage, after filing the report of the Advocate
Commissioner and parties concerned are directed
V.BHAVANI SUBBAROYAN.,J
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to co-operate with the Trial proceedings without taking unnecessary
adjournments enabling for speedy disposal of the suit.
4. In the result, the Writ petition is disposed of accordingly.
Consequently, connected miscellaneous petition is closed if any. There shall
be no order as to costs.
29.09.2021
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Speaking order/Non-speaking order
Index : Yes/No
Internet: Yes/No
To:
The Tahsildar,
Purasawalkam Taulk,
Office of the Tahsildar,
Chennai-600 003.
https://www.mhc.tn.gov.in/judis
W.P. No.15508 of 2021
https://www.mhc.tn.gov.in/judis
